Posts Tagged ‘habeus corpus’

Hidalgo County has seen contractors already readying the earth-moving equipment needed to construct their portion of a the border wall as early as July 21. While officials have dodged specifics and Hidalgo County officials emphasize the fact that this cement structure is actually just an addition to strengthen the levees in need of serious repair, local residents are chilled to see the giant bulldozers, pipes, and CATs which are planned to tear up their backyards in the coming days of summer. (Leatherman, Jackie)

This past week also saw the controversial news of court interpreter Dr. Camayd-Freixas penning an essay about what he witnessed during the court proceedings following the recent Agriprocessors raid in Postville, Iowa, on May 12, 2008. This ICE raid, the largest in its history, involved over 900 agents and put nearly 400 extralegal workers on trial for their work in the largest kosher meat-packing plant in the nation. While Agriprocessors was merely fined and sternly reprimanded, the lives of these Guatemalan immigrants and the town which had become their home have been gutted by the legal proceedings that imprisoned more than 260 of them for 5 months. Detained for weeks in a converted cattle-ground holding house called the National Cattle Congress, paraded into court in handcuffs, shackles, and chains, these immigrants with Mayan last names listened tearfully to the Spanish interpretation of what had already been decided in the court well in advance of the raid. Rather than simply deporting these workers who were lured here under false promises of well-paid work and future citizenship, these hard-working immigrants now must sit in county jails with charges of aggravated identity theft and Social Security fraud as their families scramble to make ends meet without these principal breadwinners. (“The Shame of Postville, Iowa”)

Postville, IA, once a town of 2,273, has lost more than 1/3 of its community in the month since the terrifying raid. ICE timed the raid before the end of the school year, when some migrant workers would have returned to their homes, and as a result the end of the school year saw Latino students legal and extralegal terrified to go to school. 3 of 15 high-school students showed up for school the week after the raid, while 120 out of 260 students in the elementary and middle school were missing. The schools’ principal actually rode around town on a school bus, coaxing and cajoling these students to come to school, assuring them that ICE cannot raid a public school because of Peter Schey’s landmark case in the 1980s; 50 of them would not be convinced. American children were having nightmares that their parents would be similarly deported or jailed. (Camayd-Freixas)

Dr. Camayd-Freixas broke ranks with the “unbiased” legal interpreters by publishing his reflections and observations of this humanitarian disaster. He was moved to write as he saw immigrants begging in their native language to be deported quickly. He was moved as he listened to the weeping of fathers who had walked a month and ten days before finally crossing the Rio Grande. He was moved to hear of families who had journeyed here only to work for a year or two in hopes of saving enough money to survive in Latin America, a desire that could have been legitimized if only temporary work permits were legislated instead of Secure Fence Acts. These men and women waived their 5th amendment rights to trial by jury in hopes of a “fast-tracked” deportation five months later, despite the fact that they had used false papers not for unlawful activity or felonious actions but rather for seeking a living wage. (Camayd-Freixas) In this New Era of ICE operations, a new government agency which grew 10% last year and is readying itself for many more of these raids in the name of the War on Terror, every small town must cringe in fear whether it has extralegals living within its borders or not; terror terrifies indiscriminately.

As a border wall is being prepared for the Texas-Mexico border and as future ICE raids are being formulated based on the “success” of the Postville sting, the Beijing Olympics are about to begin. The United States will boast its largest number of immigrant athletes since these statistics were kept. These 33 immigrants will represent the United States and surely bring pride to red-blooded Americans as they stand on podiums to hear their new national anthem. We can all be proud of the four Chinese-Americans representing us in table-tennis, or the Polish-American kayaker, or the Russian-American gymnast Nastia Liukin, or the New Zealand immigrant triathlete. All of us will hold our breath in August as we watch the men’s 1500-meter squad of immigrants; Kenyan-American Bernard Lagat will run alongside the Sudanese “lost boy” Lopez Lomong and Mexican laborer’s son Leo Manzano who only recently got his citizenship in 2004. We can all be proud of these new Americans, but we must also take a hard look at our nation’s policies which simultaneously champion a few token immigrants while terrorizing others and making the immigration process both dehumanizing and virtually impossible for so many (Wilson, Duff and Andrew Lehren) As I watch the Summer Olympics, it will be tough for me to think of China’s human rights violations which have caused protests throughout much of the free world; I will be too busy crying as I watch American immigrants bask in their one day of glory, saving up these precious memories for four more years and for all the immigrants who will never receive acclaim and recognition for the work they do to make our country what it is.

Around the world, the state of immigration is in a period of flux.As most countries today have set boundaries and centralized governments, and as technology has facilitated easy communications and travel between once-distant societies, immigration is on the rise and with it, a rise in both pro-migrant and in anti-immigrant sentiments.The state of immigrants globally ranges from the welcoming economy of Spain and the closed-fist stance of neighboring Italy to the construction of a border wall on America’s southern border and the 11.4 million refugees currently awaiting any country to allow them entry. (New York Times)

More than 2 million Iraqi refugees have already fled to neighboring countries since the United States led the invasion of their nation in the spring of 2003, while another 2 million have been displaced within their war-torn country (New York Times). Currently, the State Department is struggling to keep its promise of admitting 12,000 Iraqi refugees by this September 30, allow that would mean more than 6,000 refugees finding homes in the next 3.5 months.Towns like Rochester, MN, with a population of only 100,000, have been waiting and preparing for months to receive the 60-70 Iraqi refugees which they have been gratefully assigned.In speaking with a representative of Catholic Charities Refugee Resettlement, it struck me just how enthusiastic she was to be able to extend a warm welcome to these Iraqi refugees, whose homeland is being destroyed by her own home country.

Beyond these self-produced immigration patterns caused by our nation’s myriad “conflicts” (read invasions) over the past 40 years including Korea, Vietnam, Iraq, and Somalia, our nation is simultaneously attempting to address the ongoing issue of illegal migration by erecting a $30-billion border wall.This Secure Fence was the focus of Time’s most recent cover story, and while the Department of Homeland Security is still attempting to overturn public opposition in Texas in order to complete construction by the end of the year, Time highlighted the fact that the wall is not stopping immigration – it simply changes its form and direction. While the Border Coalition in the Rio Grande Valley is suing DHS Secretary Michael Chertoff for seizing land unjustly, Stanford historian David Kennedy notes “the difference in per capita income between the U.S. and Mexico is among the greatest cross-border contrasts in the world,” and therefore the push factor of immigration will only be bottled up by a wall rather than stopped.As residents of on the Texas border currently try to oppose the construction of this last portion of the fence, we as taxpayers and voting citizens must clamor for real immigration reform that addresses the deeper issues of skewed quota systems, the lack of legal paths to earned citizenship, and lopsided international relations.

In other parts of the world, this same closing of borders is taking place as well, albeit not in the monstrosity of a physical wall.In Italy, for example, a law was proposed recently by Prime Minister Silvio Berlusconi to make it a felony to enter Italy illegally.This would jeopardize the thousands of extralegal immigrants currently employed in burgeoning markets such as home health-care for Italy’s aging population.Berlusconi has not yet heeded the advice of Welfare Minister Maurizio Sacconi who campaigned to legalize some of the 405,000 extralegal residents who filed for adjustment of status last December (New York Times)

Far from being a lone actor on the global stage, Berlusconi is taking his cues from the E.U.’s shocking new legislation passed last week which would allow extralegals to be detained for as long as 18 months pending deportation.This shift in philosophy for the European Union is one step closer to dehumanizing immigrants, and paves the way for even more uncompassionate and unjust legislation such as Berlusconi’s recipe for mass arrests.In the United States, whose extralegal domestic population equals the number of worldwide refugees under the care of the United Nations High Commissioner of Refugees (New York Times), the Supreme Court just ruled that it was illegal for the United States to continue holding detainees as “enemy combatants,” without rights or appeals, as it has done since 9/11 (New York Times). Today, the U.S. Court of Appeals ruled in favor of Guantanamo Bay detainee Huzaifa Parhat, hopefully bringing an end to the more than six years he has spent in this prison camp without hope of appeal or habeus corpus.While it has taken more than six years for the U.S. government to finally amend its unjust policy of detaining individuals without appeals in places like Guantanamo Bay, this has not yet been extended to the dozens of immigrant detention centers cropping up in places like Hutto, Raymondville, Port Isabel, or the Ramsey County Center.Though Europe’s move to detain immigrants is surely a sad shift, this shift happened years ago in the United States and more centers are being built every year to capitalize on the multi-million dollar industry.

Immigration has been occurring ever since Adam and Eve emigrated from that Garden so long ago.How we choose to integrate our fellow man into our own home bespeaks much about ourselves and the future of our society.Let us pray the future is not one of walls and prisons, detentions and displaced persons.

No one in Spain could believe that the United States was going to build a border wall between itself and its southern neighbor, in fact had already built and rebuilt portions of wall in Arizona and California. Most of them felt bad for Americans, thinking we had been swindled by a President dead-set on sending men to war. Most of them felt excited with us for our gripping primaries, elections which had gotten Americans to care once more about politics. But none of them could understand why Americans would allow, and even clamor for, a border wall.

While Cameron County still is debating the necessity of a border wall, Hidalgo County is pushing ahead with plans for a levee-wall compromise, slated to begin July 25 and be completed by the end of the year. Homeland Security is paying $88 million for construction of the wall, while Hidalgo is going to pay $65 million to repair the levee (a federal responsibility). After the construction, Hidalgo County will seek reimbursement from the State while also attempting to convince other counties to make a similar compromise. (http://www.brownsvilleherald.com/news/slated_87157___article.html/border_wall.html)

No one in Spain could fathom the outlandishness of a wall. When shown pictures of sister cities like Brownsville-Matamoros, they were aghast that a wall was going to be built to reinforce the “natural barrier” of the Rio Bravo and reinforce the feelings of resentment and/or racism between these two countries at peace.

As Hidalgo readies for the wall after July 4th, the rest of the world will be watching the effects of the hurricane on the border region. Little consideration has been given to the international repercussions of a wall and levee on only one side of the river. If Mexico fails to respond with a similar levee reconstruction project, the streets of Nuevo Laredo and Juarez and Matamoros will be swimming in hurricane rain at the end of every summer. The wall has been rushed, however, and so qualms about international laws and cooperation have been ignored in favor of expediting the process.

During hurricane season, the nation will also be focused on the Rio Grande Valley for another reason. When the calls for evacuation are made, hundreds of thousands of people are going to hesitate to leave their homes. Not because of stubbornness, not because of ignorance, not because of inability- no, hundreds of thousands of immigrants will not evacuate the Valley this year and in years to come because the Border Patrol has stated that it will be checking the immigration status of fleeing families. (http://www.brownsvilleherald.com/news/people_86708___article.html/cascos_hurricane.html)

The world must shudder when it hears of such inhuman, unfeeling policies. Surely, the Spaniards I met in Gallicia and Cantabria would have blanched to know about the dehumanizing, fear-inducing checkpoints 50 miles north of the Rio Grande, a militarized line which marks the northernmost progression of so many extralegal or currently legalizing immigrants. Undoubtedly, the Spaniards in Castelleon and Catalunia would be indignant to think that another Hurricane Katrina might hit South Texas any year, and that thousands and thousands of people might die or be injured because of their greater fear of deportation.

Having traveled Spain for a month, I quickly realized as I talked about my home in southern Texas that the United States is in a terrible state of closing itself off to the rest of the world. Not that this has made it an isolationist in terms of military endeavors; in all positive meanings of the word “open,” however, the United States has ceased to work at diplomacy and mutual understanding. A border wall is a continuation of restrictive immigration policies which flatly say “No” to millions of willing workers every year. Immigration checks during hurricane season are in the same dastardly vein as checking library records and phone conversations of “suspected yet not convicted” terrorists. Child detention centers such as Hutto near Houston, Texas, are merely a continuation of Guantanamo Bay, waiving habeus corpus and countless humanitarian laws in the name of justice.

The whole world looks at the United States as we decide the future of our nation today. Can we afford to wall off our allies, the best the world has to offer, the solutions of tomorrow which perhaps are being formulated in some foreign land? Are we going to turn away willing workers from countries which lack sufficient quota numbers, and are we going to leave future generations of immigrants to a lottery system? And are we going to operate out of fear, fear of others, fear of ourselves, fear of foreigners and fear of Spanish, fear of change and fear of the future, fear of the globalization we have been instrumental in producing, fear of open lines of communication, and fear of real compromise? The whole world looks at Texas right now as a symbol of the United States’ resolve for tomorrow, and Valley residents pray that the U.S. is not compromised by the events of this year.

The tree is a gutted stump. Leafless and hollow, rootless and pale, it’s only apparent purpose seems to be as an up-ended boat, perhaps, or a reminder of the ravages of time. This old robla, or oak tree, however, symbolizes the home rule of an entire region named Pais Vasco in northern Spain. In its gnarled trunk and knotty bark is contained the story of terror, hate, rebellion, nonviolence, and diplomacy.

Much like Northern Ireland had its Troubles, Vasco still has its ETA. The ETA is a nationalist terrorist group who continues to perpetuate a self-defeating cycle of violence to plead for Vasco’s secession from Spain. A clear minority, especially in cosmopolitan cities such as Bilbao, the ETA and Northern Ireland’s IRA both have hurt public opinion via their efforts, detracting from the largely successful nonviolent diplomacy of the Belfast Good Friday Agreement or the Vasco home-rule compromise. Both of these nonviolently reshaped their countries, permitting a peaceful resolution to decades-old problems of colonialism and home-rule rebellions.

The forest here is beautiful and full. Acorns adorn the ground, just as they surely did in the 10th and 11th centuries when the first Vasque representatives met around an oak tree to discuss commonalities and compromises. They developed a charter and representatives from each of every town in the region, so that all had a say in collective decisions. Because of their unique form of democracy, they abolished torture and instituted habeus corpus much earlier than the rest of Europe during the Dark Ages. Aroun this oak tree in Gernika, the Vasques could gather, despite their regional dialectical differences and provincial distinctions, to dialogue and come to working solutions.

All changed, though, with repression beginning in the late 1800s. During the Spanish Civil War, the anti-Franco opposition centered in the Vasque region. On April 26, 1937, Franco’s troops destroyed Gernika, burning it to the ground not because it was a military base or an important port, but because it stood as the heart of the citizenry of Pais Vasco. Franco wanted to send tremors through the heart of the resistance, and that end he demolished centuries-old cathedrals, leveled familial homes, and destroyed most the meeting hall dating back nine centuries. The oak tree was obliterated in this intense bombing.

But even violence can be redeemed, even hate can be cured. Today a new tree grows in the old one’s place, right next to the Meeting Hall where Pais Vasco governs itself with home rule within the constraints of Spain. Euskara, the official Vasque language which is a unique cross between Romanian and Finnish, is taught in the primarios right alongside Castellano Spanish. The ETA, with all its bluster and hate, has killed 1000 people in the last 40 years, including a parking lot I used in Santender. But largely, the people here have developed a workable peace with the rest of Spain and the E.U.